Ayombe v Nelliwa Buildings & Civil Engineering Limited (Cause E814 of 2021) [2023] KEELRC 1485 (KLR) (16 June 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1485
- Citation
- [2023] KEELRC 1485 (KLR)
- Decided
- 16 June 2023
Summary at a glance
TypeEmployment DisputePostureClaimant's undefended claimCoramAN MWAURE
The court finds the Claimant was unlawfully terminated and awards damages and salary arrears.
Facts
Claimant Jack Omondi Ayombe was employed as a site manager by Respondent Nelliwa Buildings & Civil Engineering Limited from November 15, 2017 to March 15, 2019. He claims he was unlawfully terminated without notice or reason.
Issues
- Whether the Claimant was unlawfully terminated.
- Whether he is entitled to the reliefs sought.
Reasoning
The court relies on employment laws, including Section 9(1) of the Employment Act, which requires written contracts for employment of more than three months, and Section 45(1) and 41(1) of the Employment Act, which require fair procedures and hearing in case of unfair termination.
Outcome
Claimant awarded Kshs 582,258 in total, including one month salary in lieu of notice, damages for unfair termination, and salary arrears.
Remedies
- One month salary in lieu of notice
- Damages for unfair termination
- Salary arrears for January, February, and March 2019
- Declined service charge, house allowance, and communication allowance
Authorities cited
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